(Bela M. Trivedi and Prasanna B. Varale, JJ.)
Moydul Sekh _____________________________________ Appellant;
v.
State of Maharashtra and Another _________________ Respondent(s).
Criminal Appeal No. 504 of 2025 (Arising out of SLP(Criminal) No. 8016 of 2024), decided on January 31, 2025
The Judgement of the court was delivered by
Judgment
1. Leave granted.
2. Heard learned counsel for the parties.
3. The present appeal is directed against the impugned judgment and order dated 12.01.2024 passed by the High Court of Judicature at Bombay in ABA No. 3169 of 2023, whereby the High Court has dismissed the application of the appellant seeking anticipatory bail in connection with C.R. No. 303 of 2023 dated 31.08.2023 registered with Vanrai Police Station, Mumbai for the offence under Sections 406, 420 r/w 34 of the IPC.
4. At the outset, the leaned counsel appearing for the appellant submits that the appellant and the respondent No. 2 – complainant have settled their disputes and the appellant has already made the part payment of the agreed amount settled between the parties, and on the final payment of the amount, he will be filing an appropriate application before the Trial Court for compounding the offence.
5. The learned counsel appearing for the respondent No. 2 – complainant does not dispute the said position and submits that he has no objection if the present appeal is allowed.
6. In view of the above, the appeal is accepted. It is directed that in the event of arrest of the appellant in connection with C.R. No. 303 of 2023 dated 31.08.2023 registered with Vanrai Police Station, Mumbai for the offence under Sections 406, 420 r/w 34 of the IPC, he shall be released on bail on the terms and conditions that may be imposed by the Trial Court.
7. It goes without saying that any breach of the conditions that may be imposed by the Trial Court for releasing him on bail, shall entail cancellation of the bail.
8. Subject to the afore-stated, the present appeal is allowed.
9. Pending application(s), if any, shall stand disposed of.
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